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Senate Journal: Thursday, March 21, 2002

JOURNAL OF THE SENATE

__________

SIXTY-SEVENTH CALENDAR DAY
FORTY-FIRST SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, March 21, 2002

The Senate met in regular session at 9:12 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Sharon Mahood, pastor of
St. Paul's Episcopal Cathedral in Des Moines, Iowa. She was the
guest of Senator Tinsman.

The Journal of Wednesday, March 20, 2002, was approved.

HOUSE MESSAGES RECEIVED AND CONSIDERED

The following messages were received from the Chief Clerk of the
House:

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 20, 2002, passed the following bill in which the concurrence of the
House was asked:

Senate File 2272, a bill for an act providing for agricultural land
held by individuals lawfully admitted into the United States for
permanent residence, and making penalties applicable.

ALSO: That the House has on March 20, 2002, concurred in the Senate
amendment and passed the following bill in which the concurrence of the House was
asked:

House File 2467, a bill for an act providing for licensure sanctions
against defaulters of designated loan and scholarship programs.

ALSO: That the House has on March 20, 2002, amended and passed the
following bill in which the concurrence of the House was asked:


Senate File 2301, a bill for an act relating to representation of
indigent persons and the duties of the state public defender. (S-5237)

ALSO: That the House has on March 20, 2002, passed the following bill in which
the concurrence of the Senate is asked:

House File 2582, a bill for an act appropriating federal funds
made available from federal block grants and other federal grants,
allocating portions of federal block grants, and providing procedures
if federal funds are more or less than anticipated or if federal block
grants are more or less than anticipated.

Read first time and referred to committee on Appropriations.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:18 a.m.
until 2:00 p.m.


APPENDIX

CERTIFICATES OF RECOGNITION

The Secretary of the Senate issued the following certificates of
recognition:

Gus and Nancy Dermand, Webster City - For celebrating your 50th wedding
anniversary on March 23, 2002. Senator Iverson (03/21/02).

Tammy Duehr, Dubuque - For being selected the 2002 Alternate Iowa Teacher of
the Year. Senator Connolly (03/21/02).

Robert (Bud) L. Seip, Sigourney - For receiving the National Oceanic and
Atmospheric Administration Award. Senator Greiner (03/21/02).

Sandra K. Smithart, Sigourney - For receiving the National Oceanic and
Atmospheric Administration Award. Senator Greiner (03/21/02).

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: March 21, 2002, 9:35 a.m.

Members Present: Schuerer, Chair; Zieman, Vice Chair; Flynn, Ranking Member;
Drake and Hansen.

Members Absent: None.

Committee Business: Discussed policy issues and reviewed budget targets.

Adjourned: 10:05 a.m.

APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

Convened: March 21, 2002, 9:50 a.m.

Members Present: McKinley, Chair; Miller, Vice Chair; Fiegen, Ranking Member;
Behn and Holveck.

Members Absent: None.

Committee Business: Discussed budget targets.

Recessed: 10:40 a.m.
Reconvened: 10:45 a.m.


Adjourned: 11:00 a.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

Convened: March 21, 2002, 9:46 a.m.

Members Present: Tinsman, Chair; Rittmer, Vice Chair; Bolkcom, Ranking Member;
Lord and Ragan.

Members Absent: None.

Committee Business: Discussed the proposed budget for FY 2003.

Recessed: 10:02 a.m.

Reconvened: 10:21 a.m.

Adjourned: 10:36 a.m.

APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
COMMUNICATIONS

Convened: March 21, 2002, 9:40 a.m.

Members Present: Lundby, Chair; Deluhery, Ranking Member; Freeman and
Shearer.

Members Absent: King, Vice Chair (excused).

Committee Business: Discussed funding priorities for technology projects.

Adjourned: 10:20 a.m.

WAYS AND MEANS

Convened: March 21, 2002, 1:08 p.m.

Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
Member; Bolkcom, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox,
Miller, Redwine, and Rehberg.

Members Absent: Connolly (excused).

Committee Business: Passed SF 2298 and approved SSB 3189. Approved
Governor's appointees.

Adjourned: 1:40 p.m.


INTRODUCTION OF BILLS

Senate File 2318, by committee on Ways and Means, a bill for an
act relating to the tax on premiums and subscriber contract payments
received by insurance companies and health service corporations by
phasing in a reduction in the tax and increasing the prepayment of
the tax.

Read first time under Rule 28 and placed on Ways and Means
calendar.

Senate File 2319, by committee on Ways and Means, a bill for an
act relating to fire fighter preparedness by creating a fire fighter
preparedness fund, by creating an income tax checkoff for fire fighter
preparedness, by removing the limitation on income tax checkoffs,
and by allocating a certain portion of insurance premiums tax to the
fire fighter preparedness fund, and making an appropriation and
providing a retroactive applicability date.

Read first time under Rule 28 and placed on Ways and Means
calendar.

SUBCOMMITTEE ASSIGNMENT

House File 2582

APPROPRIATIONS: Tinsman, Chair; Bolkcom and Lamberti

COMMITTEE REPORTS

WAYS AND MEANS

Final Bill Action: SENATE FILE 2318 (SSB 3189), a bill for an act relating to the
tax on premiums and subscriber contract payments received by insurance companies
and health service corporations by phasing in a reduction in the tax and increasing the
prepayment of the tax.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: McKibben, McKinley, Harper, Bolkcom, Deluhery, Drake,
Flynn, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none.
Present, 1: Holveck. Absent or not voting, 1: Connolly.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


ALSO:

Final Bill Action: SENATE FILE 2319 (formerly SF 2298), a bill for an act relating
to fire fighter preparedness by creating a fire fighter preparedness fund, by creating an
income tax checkoff for fire fighter preparedness, by removing the limitation on income
tax checkoffs, and by allocating a certain portion of insurance premiums tax to the fire
fighter preparedness fund, and making an appropriation and providing a retroactive
applicability date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: McKibben, McKinley, Harper, Bolkcom, Deluhery, Drake,
Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays,
none. Absent or not voting, 1: Connolly.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

GOVERNOR'S APPOINTEES PLACED ON
EN BLOC CALENDAR

The following appointees, assigned to standing committees for
investigation, were placed on the En Bloc Calendar with
recommendations for confirmation:

WAYS AND MEANS

Philip Dorweiler - Iowa Railway Finance Authority
Emil Pavich - Iowa Railway Finance Authority


AFTERNOON SESSION

The Senate reconvened at 2:10 p.m., President Kramer presiding.

The Senate stood at ease at 2:39 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 4:03 p.m., President Kramer
presiding.

QUORUM CALL

Senator Angelo requested a nonrecord roll call to determine that a
quorum was present.

The vote revealed 40 present, 10 absent, and a quorum present.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Gaskill, Jensen, and Redfern, until they return, on request of Senator
McKean.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2341.

House File 2341

On motion of Senator Freeman, House File 2341, a bill for an act
relating to electric transmission lines, with report of committee
recommending amendment and passage, was taken up for
consideration.

Senator Iverson asked and received unanimous consent to
withdraw amendment S-5160, filed by the committee on Commerce
on March 13, 2002, to pages 1-3 and to the title page of the bill.


Senator Freeman moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2341), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKean McKibben McKinley Miller
Ragan Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Gaskill Jensen Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

UNFINISHED BUSINESS
(Deferred March 20, 2002)

House File 2310

The Senate resumed consideration of House File 2310, a bill for
an act relating to vendor contracts for the statewide underground
facility notification center, deferred March 20, 2002.

Senator King moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2310), the vote was:


Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKean McKibben McKinley Miller
Ragan Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Gaskill Jensen Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2116.

House File 2116

On motion of Senator Miller, House File 2116, a bill for an act
updating the Iowa Code references to the Internal Revenue Code,
repealing an adjustment to net income for capital gains from
installment sales, relating to an adjustment to income for school
district income surtax paid, providing that refunds from the federal
rebate are not taxable, correcting a reference in the innocent spouse
statute, and providing retroactive applicability dates and an effective
date, with report of committee recommending amendment and
passage, was taken up for consideration.

Senator Harper asked and received unanimous consent that action
on House File 2116 be deferred.


UNFINISHED BUSINESS
(Deferred March 18, 2002)

House File 2248

The Senate resumed consideration of House File 2248, a bill for
an act relating to the designation of a Bill of Rights Day, deferred
March 18, 2002.

Senator Hansen offered amendment S-5203, filed by him on March
19, 2002, to page 1 and to the title page of the bill, and moved its
adoption.

Amendment S-5203 lost by a voice vote.

Senator Hansen offered amendment S-5207, filed by him on March
19, 2002, to page 1 of the bill.

Senator Hansen withdrew amendment S-5207.

Senator Hansen offered amendment S-5204, filed by him on March
19, 2002, to page 1 and to the title page of the bill.

Senator Hansen withdrew amendment S-5204.

Senator Schuerer moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2248), the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration House File 2546.

House File 2546

On motion of Senator Angelo, House File 2546, a bill for an act
classifying the criminal offense of assault as a general intent crime,
with report of committee recommending passage, was taken up for
consideration.

Senator Angelo moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2546), the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 



Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration House File 2075.

House File 2075

On motion of Senator Lamberti, House File 2075, a bill for an act
relating to the repayment of moneys appropriated from the
endowment for Iowa's health account of the tobacco settlement trust
fund for purposes of the student achievement and teacher quality
program, with report of committee recommending passage, was taken
up for consideration.

Senator Schuerer asked and received unanimous consent to
withdraw amendment S-5040, filed by Senators Schuerer and Flynn
on February 14, 2002, to page 1 and to the title page of the bill.

Senator Schuerer offered amendment S-5239, filed by Senators
Schuerer and Flynn from the floor to page 1 and to the title page of
the bill, and moved its adoption.

Amendment S-5239 was adopted by a voice vote.

Senator Lamberti moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2075), the vote was:


Ayes, 46:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Maddox McCoy
McKean McKibben McKinley Ragan
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, 2:
Lundby Miller

 


Absent or not voting, 2:
Gaskill Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 2075, 2248, 2310, 2341, and 2546 be immediately
messaged to the House.

UNFINISHED BUSINESS
(Deferred March 20, 2002)

House File 2532

The Senate resumed consideration of House File 2532, a bill for
an act relating to public retirement systems and providing effective
and retroactive applicability dates, deferred March 20, 2002.

Senator Kibbie offered amendment S-5240, filed by Senators
Kibbie, Drake, and Rittmer from the floor to pages 21, 32, and 34 of
the bill, and moved its adoption.

Amendment S-5240 was adopted by a voice vote.

Senator Rittmer offered amendment S-5241, filed by Senators
Rittmer, Drake, and Kibbie from the floor to page 24 of the bill, and
moved its adoption.

Amendment S-5241 was adopted by a voice vote.

Senator Rittmer moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2532), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKean McKibben McKinley Miller
Ragan Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Present, 1:

Holveck

Absent or not voting, 2:
Gaskill Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

BUSINESS PENDING

House File 2116

The Senate resumed consideration of House File 2116, a bill for
an act updating the Iowa Code references to the Internal Revenue

Code, repealing an adjustment to net income for capital gains from
installment sales, relating to an adjustment to income for school
district income surtax paid, providing that refunds from the federal
rebate are not taxable, correcting a reference in the innocent spouse
statute, and providing retroactive applicability dates and an effective
date, previously deferred.

Senator McKibben offered amendment S-5041, filed by the
committee on Ways and Means on February 14, 2002, to pages 3, 4,
and to the title page of the bill.

Senator Harper offered amendment S-5243, filed by Senators
Harper and Hammond from the floor to page 1 of amendment
S-5041, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5243 to amendment S-5041
be adopted?" (H.F. 2116), the vote was:

Ayes, 17:
Black Bolkcom Dearden Dvorsky
Fink Flynn Fraise Gronstal
Hammond Hansen Harper Holveck
Houser Kibbie McCoy Ragan
Soukup

 


Nays, 31:
Angelo Behn Boettger Connolly
Deluhery Drake Fiegen Freeman
Greiner Horn Iverson Jensen
King Kramer Lamberti Lord
Lundby Maddox McKean McKibben
McKinley Miller Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Tinsman Veenstra Zieman

 


Absent or not voting, 2:
Gaskill Redfern

 


Amendment S-5243 lost.


Senator McKibben moved the adoption of amendment S-5041,
which motion prevailed by a voice vote.

Senator Miller moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2116), the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 2116 and 2532 be immediately messaged to the
House.

CONFIRMATION OF GOVERNORíS APPOINTMENTS
(Individual Confirmation Calendar)

Senator Jensen called up the appointment of John R. Perkins, as
Consumer Advocate, placed on the Individual Confirmation Calendar
on March 5, 2002, and found on page 490 of the Senate Journal.


Senator Jensen moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

Senator Lamberti called up the appointment of Steven K. Young,
as Director of the Department of Inspections and Appeals, placed on
the Individual Confirmation Calendar on March 5, 2002, and found
on page 490 of the Senate Journal.

Senator Lamberti moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

Senator Bolkcom called up the appointment of Susan Enzle, as a
member of the Board of Psychology Examiners, and placed on the
Individual Confirmation Calendar under Senate Rule 59.

Senator Bolkcom moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.


Senator McCoy called up the appointment of Kevin W. Techau, as
Commissioner of Public Safety, placed on the Individual Confirmation
Calendar on February 26, 2002, and found on page 425 of the Senate
Journal.

Senator McCoy moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

Senator Schuerer called up the appointment of Mark Lambert, as
a member of the Utilities Board, placed on the Individual
Confirmation Calendar on March 5, 2002, and found on page 490 of
the Senate Journal.

Senator Schuerer moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:


Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

Senator King called up the appointment of Elliott Smith, as a
member of the Utilities Board, placed on the Individual Confirmation
Calendar on March 5, 2002, and found on page 490 of the Senate
Journal.

Senator King moved that the foregoing appointment be confirmed
by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 



Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

Senator Jensen called up the appointment of Diane Munns, as
Chair of the Utilities Board, placed on the Individual Confirmation
Calendar on March 5, 2002, and found on page 490 of the Senate
Journal.

Senator Jensen moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Gaskill Redfern

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.


BILLS PLACED ON UNFINISHED BUSINESS CALENDAR

Senator Iverson asked and received unanimous consent that the
following bills be placed on the Unfinished Business Calendar:

H.F. 608 H.F. 2377 H.F. 2515
H.F. 678 H.F. 2378 H.F. 2517
H.F. 2009 H.F. 2404 H.F. 2530
H.F. 2135 H.F. 2416 H.F. 2531
H.F. 2191 H.F. 2418 H.F. 2536
H.F. 2193 H.F. 2430 H.F. 2539
H.F. 2201 H.F. 2446 H.F. 2547
H.F. 2202 H.F. 2448 H.F. 2549
H.F. 2247 H.F. 2459 H.F. 2552
H.F. 2319 H.F. 2472 H.F. 2558
H.F. 2339 H.F. 2482 H.F. 2559
H.F. 2344 H.F. 2486 H.F. 2563
H.F. 2363 H.F. 2495 H.F. 2565
H.F. 2365 H.F. 2506 H.F. 2571

HOUSE MESSAGES RECEIVED AND CONSIDERED

The following messages were received from the Chief Clerk of the
House:

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 21, 2002, passed the following bill in which the concurrence of the
House was asked:

Senate File 2273, a bill for an act relating to the designation of a
Juneteenth National Freedom Day.

ALSO: That the House has on March 21, 2002, concurred in the Senate
amendment and passed the following bills in which the concurrence of the House was
asked:

House File 518, a bill for an act relating to jurisdictional changes
to small claims court cases.

House File 2507, a bill for an act creating a criminal offense for
possession or distribution of anthrax, and providing a penalty.


ALSO: That the House has on March 21, 2002, amended and passed the
following bill in which the concurrence of the House was asked:

Senate File 2152, a bill for an act expanding the operation
recognition program, which awards honorary high school diplomas to
World War II veterans, to include veterans of World War I and the
Korean and Vietnam conflicts. (S-5242)

ALSO: That the House has on March 21, 2002, passed the following bill in which
the concurrence of the Senate was asked:

House File 2585, a bill for an act relating to the abatement of
state sales and use taxes and local sales and service taxes of
purchasers of certain access to on-line computer services and
providing refunds, and including effective and applicability date
provisions.

Read first time and referred to committee on Ways and Means.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 6:27 p.m.
until 11:00 a.m. Monday, March 25, 2002.


APPENDIX

CERTIFICATE OF RECOGNITION

The Secretary of the Senate issued the following certificate of
recognition:

The Ely Volunteer Fire Department, Ely - For the dedication of your new fire
station. Senator Dvorsky (03/21/02).

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on March 21,
2002, the Governor approved and transmitted to the Secretary of
State the following bills:

S.F. 2141 - Authorizing sheriffs to appoint civil process servers.

S.F. 2212 - Relating to secured transactions, by providing for landlord liens.

GOVERNOR'S VETO MESSAGE

March 21, 2002

The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L

Dear President Kramer:

I hereby transmit Senate File 2048, an Act prohibiting disbursements of moneys
from the Vision Iowa fund to entities entering into certain labor-related agreements,
and providing an effective date.

I am unable to approve Senate File 2048. This bill would deny public entities that
receive funding from the Vision Iowa program the same tool private entities use
regularly to ensure quality work and timely completion on a project. Denying this tool
may result in taxpayers paying more for a project due to poor workmanship, incurring
cost overruns and repairs following the completion of a project. Poor workmanship can
also increase the likelihood of accidents and expose the public to additional liability.
Public entities should have the ability to use project labor agreements as a tool if
officials deem it to be in the citizensí best interest.

Furthermore, local governments are granted home rule power and authority under
the Iowa Constitution to determine local affairs. Senate File 2048 restricts local
governmentsí ability to enter into agreements even if such involvement benefits the
publicís interests. If project labor agreements were to be banned, public entities would

need a legal framework that ensures minimum qualifications for workers guaranteeing
the quality and timeliness of work performed on publicly funded projects.

Ensuring quality and timeliness is a function of the experience and training of
workers involved. Experience and training are reflected in the wages paid to workers.
I acknowledged early on in the debate that a level playing field must exist for bidding,
and I worked to develop a framework with lawmakers that would provide for
competitive bids while maintaining quality and timeliness of work. My plan would
replace the current project labor agreement structure with a prevailing wage and
minimum qualifications for workers on publicly funded projects. With such a plan,
quality, timeliness, competitive bidding, and wage concerns are all addressed.
Unfortunately, the Legislature declined to address these concerns.

Iowa needs a system that focuses on the lowest qualified competitive bid to ensure
that work is done properly, on-time, without increased maintenance and repair
expenses, and without increased exposure to liability. Senate File 2048 does not
accomplish this goal and, in fact, restricts it in some instances.

For the above reasons, I hereby respectfully disapprove Senate File 2048. Public
entities will still have the ability to decide whether to use project labor agreements as a
tool or not, depending on what is in the best public interest.

Sincerely,
THOMAS J. VILSACK
Governor

AMENDMENTS FILED

S-5237 S.F. 2301 House
S-5238 H.F. 2515 Robert E. Dvorsky
S-5239 H.F. 2075 Neal Schuerer
Tom Flynn
S-5240 H.F. 2532 John P. Kibbie
Richard F. Drake
Sheldon Rittmer
S-5241 H.F. 2532 Sheldon Rittmer
Richard F. Drake
John P. Kibbie
S-5242 S.F. 2152 House
S-5243 H.F. 2116 Patricia Harper
Johnie Hammond

Previous Day: Wednesday, March 20Next Day: Monday, March 25
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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